Case Comment

Imperial Chemical Industries, Ltd. (Haggis') Application

citation(s): [1975] R.P.C. 403

copyright 1997 Donald M. Cameron, Aird & Berlis




The Decision

At pp. 415-416

"Patent specifications are, after all, granted because they teach the enthusiastically awaiting public how they can make some new apparatus, or how they can carry out some new process to their advantage. Difficulties inevitably arise upon the claims, very often much broader than the disclosure, for the understandable reason that unless a claim of reasonable breadth is secured, privacy is going to be inevitable; but when one is considering the question of obviousness the first essential is to determine what the earlier document would have taught the awaiting public before ever the disclosure of the subsequent document attacked became available. It is not upon this basis that any of the witnesses have considered the Bayer disclosure."


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